Article 63. Investigator of the Criminal Procedure Code of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 63. Investigator of the Criminal Procedure Code of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

1. An inquirer is an official authorized to carry out a pre–trial investigation of a case within the limits of his competence.

2. The inquirer has the right, by his decision, to accept the case for his own production and to carry out a pre-trial investigation in the forms defined by this Code, to independently decide on the conduct of investigative and other procedural actions, except in cases where the law provides for their approval or coordination by the head of the body of inquiry or provides for the consent of the prosecutor, the sanction of the court, the investigating judge or a court decision.

3. During the pre-trial investigation in cases in which the preliminary investigation is not necessary, the inquirer shall be guided by the rules provided for in this Code for the preliminary investigation, with exceptions provided for in Articles 190, 191, 192-1 and 192-2 of this Code.

4. In cases where a preliminary investigation is being conducted, the inquirer is authorized, on behalf of the head of the body of inquiry, to carry out urgent investigative actions, which must be notified to the prosecutor and the body of preliminary investigation no later than twenty-four hours.

5. The inquirer is obliged to carry out the instructions of the court, the prosecutor, the body of preliminary investigation and the body of inquiry on the conduct of certain investigative actions, the application of measures to ensure the safety of persons involved in the criminal process. In order to ensure the execution of a sentence in respect of a civil claim, other property penalties, or possible confiscation of property, the inquirer is required to conduct a parallel financial investigation.

6. The instructions of the head of the body of inquiry are obligatory for the inquirer. The instructions of the head of the body of inquiry in criminal matters may be appealed to the prosecutor. Appealing against instructions does not suspend their execution, with the exception of instructions on the qualification of the suspect's act and the extent of suspicion, sending the criminal case to the prosecutor with a protocol of the charge, a report on the completion of the pre-trial investigation or termination of the criminal case.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.

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